The present EZ- F I B r® ToolBox Terms of Use creates a contract between you and EZ- F I B r® (the “Agreement”).
Please read the present Agreement carefully.
To confirm your understanding and your acceptance of the Agreement, click “I Agree”.
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INTRODUCTION TO OUR SERVICES
This Agreement governs your use of EZ- F I B r® services (“Services”), through which you can configure MSA Compliant Optical Transceivers, making these ones compatible with the network equipment of your choice and other services.
Optical Transceiver compatibility may be offered through 3rd party service providers.
EZ- F I B r® Services are available for your use in your country of residence (“Home Country”).
To use EZ- F I B r® Services, you need compatible hardware, software (latest version recommended and sometimes required) and Internet access. Our
Services’ performance may be affected by these factors.
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USING OUR SERVICES
You can define Optical Transceiver Preferences and you can define Optical Transceiver Compatibilities on 3rd Party Optics Services, as a contract between you and your favorites Optical Transceivers Vendors or 3rd Party Optics providers, and/or you and the entity providing the selected
Compatibility on our Services.
PRIVACY
Use of EZ- F I B r® Services is subject to EZ- F I B r® Terms of Use, which is available at https://ez-fibr.com/eula.html
SERVICES AND CONTENT USAGE RULES
Use of EZ- F I B r® Services and Content must follow the rules set forth in this section (“Usage Rules”). Any other use of the Services and Content is a material breach of this Agreement.
EZ- F I B r® may monitor your use of the Services and Content to ensure that you are following these Usage Rules.
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All Services:
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You may use EZ- F I B r® Services and Content only using EZ- F I B r® accessories or compatible ones
(see below NON EZ- F I B r® Accessories )
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You may access EZ- F I B r® Services only using EZ- F I B r® software, and may not modify or use modified versions of such software.
CONTENT AND SERVICE AVAILABILITY
Terms found in this Agreement that relate to Services, Content types, features or functionalities not available in your Home Country are not applicable to you unless and until they become available to you.
Certain Services and Content available to you in your Home Country may not be available to you when traveling outside of your Home
Country.
NON EZ- F I B r® Accessories
If you use our Services with a non- EZ- F I B r® -branded accessories, you may not be able to access all features or Content types. Terms in this Agreement relating to unavailable features or Content types are not applicable to you. If you later choose to access our Services from a well EZ- F I B r® branded accessory, you agree that all terms of this
Agreement will apply to your use on such devices.
YOUR SUBMISSIONS TO OUR SERVICES
Our Services may allow you to submit materials such as comments, pictures, diagnostics, support requests (including associated metadata and log files). Your use of such features must comply with the
Submissions Guidelines below, which may be updated from time to time. If you see materials that do not comply with the Submissions Guidelines, please use the Report a Concern feature. You hereby grant EZ- F I B r® a worldwide, royalty-free, perpetual, non-exclusive license to use the materials you submit within the Services, and EZ- F I B r®
internal purposes.
EZ- F I B r® may monitor and decide to remove or edit any submitted material.
Submissions Guidelines:
You may not use EZ- F I B r® Services to:
post any materials that you do not have permission, right or license to use; post objectionable, offensive, unlawful, deceptive or harmful content;
post personal, private or confidential information belonging to others; request personal information from a minor;
impersonate or misrepresent your affiliation with another person, or entity;
spam, including but not limited to unsolicited or unauthorized advertising, promotional materials, or informational announcements;
plan or engage in any illegal, fraudulent, or manipulative activity.
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PERSONALIZED RECOMMENDATION FEATURES
The Services may recommend Compatibilities to you based on your previous purchases and other activities. You may opt out from receiving such personalized recommendations for some Services in your account settings.
Some recommendation features may require your permission before they are turned on. If you turn on these features, you will be asked to give EZ- F I B r® permission to collect and store certain data, including but not limited to data about your EZ- F I B r® accessory activity and usage. Please carefully read the information presented when you turn on these features.
LICENSE OF EZ- F I B r® ToolBox APP COMPATIBILITIES
EZ- F I B r ® ToolBox App licenses are provided to you by EZ- F I B r ® (or 3rd party software companies). If you are a customer of EZ- F I B r ®, the merchant of record is EZ- F I B r ®, which means that you acquire the EZ- F I B r ® ToolBox App license from public distribution platform (Apple, Google, Windows,...), but the App is licensed by EZ- F I B r ®.
Any App that you acquire is governed by the Licensed Application End User License Agreement (“Standard EULA”) set forth below. EZ- F I B r ® is solely responsible for its content, warranties, and claims that you may have related to the EZ- F I B r ® ToolBox App.
APP MAINTENANCE AND SUPPORT
EZ- F I B r ® is responsible for providing maintenance and support for EZ- F I B r ® ToolBox App only, or as required under applicable law.
LICENSED APPLICATION END USER LICENSE AGREEMENT
EZ- F I B r ® ToolBox App made available through public App Stores (Apple, Google, Microsoft…) are licensed, not sold, to you. Your license to each App is subject to your prior acceptance of either this Licensed Application End
User License Agreement (“Standard EULA”), or a custom end user license agreement between you and the Application Provider (“Custom EULA”), if one is provided. Your license to any EZ- F I B r ® ToolBox App under this
Standard EULA or Custom EULA is granted by EZ- F I B r ® ToolBox App, and your license to any 3rd Party App under this Standard EULA or Custom EULA is granted by the Application Provider of that 3rd Party App or Service Providers. Any App that is subject to this Standard EULA is referred to herein as the “Licensed Application”.
EZ- F I B r ® reserves all rights in and to the Licensed Application not expressly granted to you under this Standard EULA.
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Scope of License:
EZ- F I B r ® grants to you a non transferable license to use the Licensed Application on any EZ- F I B r ® ToolBox App and /or
Accessories that you own or control and as permitted by the Usage Rules. The terms of this Standard EULA will govern any content,
materials, or services accessible from or purchased within the Licensed Application as well as upgrades provided by Licensor that replace or supplement the original Licensed Application, unless such upgrade is accompanied by a Custom EULA. Except as provided in the Usage
Rules, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute or sublicense the Licensed Application and, if you sell your EZ- F I B r ® accessory to a 3rd party, you must remove the Licensed Application from the Device before doing so. You may not copy (except as permitted by this license and the Usage Rules), reverse-engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Licensed Application).
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Consent to Use of Data:
You agree that EZ- F I B r ® may collect and use technical data and related information— including but not limited to technical information about your EZ- F I B r ® Accessory, system and application software, and peripherals—that is gathered periodically to
facilitate the provision of software updates, product support, and other services to you (if any) related to the Licensed Application. EZ- F I B r
® may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.
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Termination :
This Standard EULA is effective until terminated by you or EZ- F I B r
®. Your rights under this Standard EULA will terminate automatically if you fail to comply with any of its terms.
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External Services :
The Licensed Application may enable access to EZ- F I B r ®’s and/or 3rd party services and websites (collectively and individually, "External Services"). You agree to use the External Services at your sole risk.
EZ- F I B r ® is not responsible for examining or evaluating the content or accuracy of any 3rd party External Services, and shall not be liable for any such 3rd party External Services. Data displayed by any Licensed Application or External Service, including but not limited to financial, medical and location information, is for general informational purposes only and is not guaranteed by EZ- F I B r ® or its agents.
You will not use the External Services in any manner that is
inconsistent with the terms of this Standard EULA or that infringes the intellectual property rights of EZ- F I B r ® or any 3rd party. You agree not to use the External Services to harass, abuse, stalk, threaten or defame any person or entity, and that EZ- F I B r ® is not responsible for any such use. External Services may not be available in all
languages or in your Home Country, and may not be appropriate or available for use in any particular location. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws. EZ- F I B r ® reserves the right to change, suspend, remove, disable or impose access restrictions or limits on any External Services at any time without notice or liability to you.
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NO WARRANTY:
You expressly acknowledge and agree that use of the licensed software is at your sole risk. To the maximum extent permitted by applicable law, the licensed software and any services performed or provided by the licensed software are provided « As Is » and « As Available », with all faults and without warranty of any kind, and EZ- F I B r ® hereby disclaims all warranties and conditions with respect to the licensed software and services, either express, implied or statutory,
including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for particular purposes, of accuracy, of quiet enjoyment and non infringement of 3rd party rights.
No oral or written information or advice given by EZ- F I B r ® or its authorized representative shall create a warranty. Should the licensed software or services prove defective, you assume the entire cost of all necessary servicing, repair or correction. Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so the above exclusion and limitations
may not apply to you.
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Limitation of Liability :
To the extent not prohibited by law, in no event shall EZ- F I B r ® be liable for personal injury or any incidental, special, indirect or consequential damages whatsoever, including, without limitation damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the licensed software, however caused, regardless of the theory of liability (contract, tort, or otherwise) and even if the Licensor has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury or of incidental or consequential damages, so these
limitations may not apply to you.
In no event shall EZ- F I B r ®’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of twenty euros (20.00€). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
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You may not use or otherwise export or re-export the Licensed
Application except as authorized by Spanish law and the laws of the jurisdiction in which the Licensed Application was obtained. You also
agree that you will not use these products for any purposes prohibited by Spanish law.
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Except to the extent expressly provided in the following paragraph, this Agreement and the relationship between you and EZ- F I B r ® shall be governed by the EZ- F I B r ® commercial laws. You and EZ- F I B r ® agree to submit to the personal and exclusive jurisdiction of the courts
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located within the county of Spain, to resolve any dispute or claim arising from this Agreement. If (a) you are not a Spanish citizen; (b) you do not reside in Spain; (c) you are not accessing the Service from Spain; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to
the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:
If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.
Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.
CONTRACT CHANGES
EZ- F I B r ® reserves the right at any time to modify this Agreement and to add new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Services will be deemed acceptance thereof.
3RD party MATERIALS
EZ- F I B r ® is not responsible or liable for 3rd party materials included within or linked from the Content or the Services.
INTELLECTUAL PROPERTY
You agree that the Services, including but not limited to Content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Services, contain proprietary information and material that is owned by EZ- F I B r ®, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Services for personal, noncommercial uses in compliance with this Agreement. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell, or distribute the Services or Content in any manner, and you shall not exploit the Services in any manner not expressly authorized.
TERMINATION AND SUSPENSION OF SERVICES
If you fail, or EZ- F I B r ® suspects that you have failed, to comply with any of the provisions of this Agreement, EZ- F I B r ® may, without notice to you:
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terminate this Agreement and you will remain liable for all amounts due up to and including the date of termination;
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terminate your license to the software;
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preclude your access to the Services.
EZ- F I B r ® further reserves the right to modify, suspend, or discontinue the Services (or any part or Content thereof) at any time with or without notice to you, and EZ- F I B r ® will not be liable to you or to any 3rd party should it exercise such rights.
DISCLAIMER OF WARRANTIES; LIABILITY LIMITATION
EZ- F I B r ® does not guarantee, represent, or warrant that your use of the services will be uninterrupted or error-free, and you agree that from time to time EZ- F I B r ® may remove the services for indefinite periods of time, cancel the services at any time, or otherwise limit or disable your access to the services without notice to you.
You hereby expressly agree that your use of or inability to use the services is at your sole risk. The services and all content delivered to you through the services are (except as expressly stated by EZ- F I B r ®) provided « As Is » and « As Available » for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability , fitness for a particular purpose, title, and non infringement. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you.
In no case shall EZ- F I B r ® , its directors, employees or licensors be liable for any direct, indirect, incidental, punitive,special, or consequential damages arising from your use of any of the services or for any other claim related in any way to your use of the services and/or content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use any content posted, transmitted or otherwise made available via the EZ- F I B r ® services, even if advised of their possibility,
because some countries, states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such countries, states or jurisdictions, EZ- F I B r ®’s liability shall be limited to the extent such limitation is permitted by law.
EZ- F I B r ® shall use reasonable efforts to protect information submitted by you in connection with the services, but you agree that your submission of such information is at your sole risk, and you hereby release EZ- F I B r ® from any and all liability to you for any loss or liability relating to such information in any way.
EZ- F I B r ® does not represent or guarantee that the services will be free from loss, corruption , attack, viruses, interference, hacking or other security intrusion, and you hereby release EZ- F I B r ® from any liability relating thereto. You shall be responsible for backing up your own systems, including any content acquired or rented through the EZ- F I B r ®services.
WAIVER AND INDEMNITY
By using the services, you agree, to the extent permitted by law, to indemnify and hold EZ- F I B r ®, it’s directors, employees and licensors harmless with respect to any claims arising out of your breach of this agreement, your use of the services, or any action taken by EZ- F I B r ®, as part of its investigation of a suspected violation of this agreement or as a result of its finding or decision that a violation of this agreement has occurred.
You agree that you shall not sue or recover any damages from EZ- F I B r ®, it’s directors, employees and licensors as a result of its decision to remove or refuse to process any information or content, to warn you, to suspend or terminate your access to the services, or to take any other action during the investigation of a suspected violation or as a result of EZ- F I B r ®’s conclusion that a violation of this agreement has occurred. This waiver and indemnity provision applies to all violations described in or contemplated by this agreement.
OTHER PROVISIONS
The present Agreement constitutes the entire agreement between you and
EZ- F I B r ®, it's governs your use of the Services, superseding any prior agreements with respect to the same subject matter between you
and EZ- F I B r ®. You also may be subject to additional terms and conditions that may apply when you use affiliate services, 3rd party content, 3rd party software, or additional services. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
EZ- F I B r ® 's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision.
EZ- F I B r ® will not be responsible for failures to fulfill any obligations due to causes beyond its control.
You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Services.
Your use of the Services may also be subject to other laws. Risk of loss for all electronically delivered Transactions passed to the acquirer upon electronic transmission to the recipient.
EZ- F I B r ® may notify you with respect to the Services by sending an email message to your registered email address or a letter via postal mail to your mailing address, or by a posting on the Services. Notices shall become effective immediately.
EZ- F I B r ® may also contact you by email or push notification to send you additional information about the Services.
You hereby grant EZ- F I B r ® the right to take steps EZ- F I B r ® believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement.
You hereby agree that EZ- F I B r ® has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials, and/or a 3rd party, as EZ- F I B r ® believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement.